Garcia v. Boise Cascade Corp.

This case is on remand from the Supreme Court, Garcia v. Boise Cascade Corp., 309 Or 292, 787 P2d 884 (1990), which held that we incorrectly applied the standard of review when we held that the referee’s findings, adopted by the Board, were not supported by substantial evidence. 309 Or at 294. In our first opinion we erroneously substituted our judgment for that of the Board. Garcia v. Boise Cascade Corp., 94 Or App 362, 765 P2d 1245 (1988). We now affirm the referee’s order.

Claimant has osteoarthritis in his lower back, a degenerative condition that manifested itself some time after 1980.…